HBA-JRA H.B. 2599 76(R)BILL ANALYSIS
Office of House Bill AnalysisH.B. 2599
By: McReynolds
Agriculture & Livestock
7/22/1999
Enrolled
BACKGROUND AND PURPOSE
Currently, a landowner in Texas has the right to use prescribed burning as
a land management tool. This practice is used as a means to reduce
vegetative fuels, which, if not managed, can cause flareups that can lead
to wildfires. Landowners may be hesitant to use this method for fear of
liability for accidents. Wildfires pose a serious threat to the state,
particularly to suburban areas. H.B. 2599 creates a prescribed burning
board to establish a curriculum and standards for a prescribed burning
certification program, and limits the liability of a landowner who uses a
certified prescribed burn manager. H.B. 2599 does not affect a landowner's
right to burn and does not modify the landowner's liability for a burn not
conducted according to the standards of the prescribed burning board.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 6, Natural Resources Code, by adding Chapter 153,
as follows:
CHAPTER 153. PRESCRIBED BURNING
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 153.001. DEFINITION. Defines "board" as the Prescribed Burning Board.
Sec. 153.002. LANDOWNER'S RIGHT TO CONDUCT BURNS NOT LIMITED. Provides
that this chapter does not limit a landowner's right to conduct burns on
the landowner's property.
Sec. 153.003. LIABILITY. Provides that this chapter does not modify a
landowner's liability for property damage, personal injury, or death
resulting from a burn that is not conducted as provided by this chapter.
SUBCHAPTER B. PRESCRIBED BURNING BOARD
Sec. 153.041. ESTABLISHMENT. (a) Establishes the Prescribed Burning
Board (board) within the Department of Agriculture. Sets forth the
composition of the board.
(b) Provides that a board member serves a two-year term.
(c) Requires the board, by majority vote, to elect a presiding officer
from the members of the board.
(d) Requires appointments to the board to be made without regard to the
race, creed, sex, disability, age, religion, or national origin of the
appointees.
(e) Sets forth grounds for removal from the board.
(f) Provides that the validity of an action of the board is not affected
by the fact that it was taken when a ground for removal of a member of the
board existed.
Sec. 153.042. INFORMATION RELATING TO STANDARDS OF CONDUCT. Requires the
presiding officer of the board or the presiding officer's designee to
provide to members of the board, as often as necessary, information
regarding their qualification for office under this chapter and their
responsibilities under applicable laws relating to standards of conduct for
state officers.
Sec. 153.043. MEMBER TRAINING. Provides that an appointee to the board is
not eligible for membership unless the appointee completes at least one
training program that complies with this section.
(b) Provides that the training program must provide information regarding
this chapter, the programs operated by the board, the role and functions of
the board, the requirements of Chapters 551 (Open Meetings), 552 (Public
Information), and 2001 (Administrative Procedure), Government Code, the
requirements of the conflict of interest laws and other laws relating to
public officials, and any applicable ethics policies adopted by the board
or the Texas Ethics Commission.
(c) Entitles an appointee to the board to reimbursement for travel
expenses incurred in attending the training program as if the person were a
member of the board.
Sec. 153.044. SUNSET PROVISION. Provides that the board is subject to the
Texas Sunset Act and, unless continued in existence, is abolished and this
chapter expires September 1, 2009.
Sec. 153.045. ADVISORY BOARD. (a) Requires the board to establish an
advisory board of members of the public, including individuals representing
specific interests.
(b) Requires the board to determine the number of persons and manner of
selection of the advisory board.
Sec. 153.046. DUTIES. Requires the board to establish standards for
prescribed burning; develop a comprehensive training curriculum for
prescribed burn managers; establish standards for certification,
recertification, and training for prescribed burn managers; establish
minimum education and professional requirements for instructors of the
approved curriculum; and establish minimum insurance requirements for
certified prescribed burn managers.
Sec. 153.047. PRESCRIBED BURNING STANDARDS. Provides that minimum
standards established by the board for prescribed burning must ensure that
prescribed burning is the controlled application of fire to naturally
occurring or naturalized vegetative fuels under specified environmental
conditions in accordance with a written prescription plan; require at least
one certified prescribed burn manager to be present on site during the
burn; establish appropriate guidelines for sufficiently sized burning
crews; include standards for notification to adjacent land owners, the
Texas Natural Resource Conservation Commission, and local fire authorities;
and include minimum insurance requirements for certified prescribed burn
managers.
Sec. 153.048. CERTIFICATION OF PRESCRIBED BURN MANAGERS. (a) Provides
that minimum standards established by the board for certification as a
prescribed burn manager must require the completion of the approved
training curriculum taught by an approved instructor.
(b) Requires the board to certify a person as a prescribed burn manager if
the person applies to the board for certification, demonstrates completion
of an approved training program by an approved instructor, and pays a fee
to the board in an amount determined by the board.
(c) Provides that the certification is for five years.
(d) Authorizes a person to renew certification only by completing a
continuing education program established by the board.
(e) Requires the board to maintain a register of certified prescribed burn
managers and the dates they completed initial and continuing training.
SUBCHAPTER C. LIMITATIONS ON LIABILITY
Sec. 153.081. LIMITATION OF OWNER LIABILITY. (a) Provides that, subject
to Section 153.082, an owner, lessee, or occupant of agricultural land is
not liable for property damage or for injury or death to persons caused by
or resulting from prescribed burning conducted under the supervision of a
certified prescribed burn manager.
(b) Makes this section inapplicable to an owner, lessee, or occupant of
agricultural land who is a certified prescribed burn manager and conducts a
burn on that land.
(c) Defines "agricultural land" in this section.
Sec. 153.082. INSURANCE. Provides that the limitation on liability under
Section 153.081 does not apply to an owner, lessee, or occupant of
agricultural land unless the certified prescribed burn manager conducting a
burn on the land has liability insurance coverage of at least $1 million
for each single occurrence of bodily injury or death, or injury to or
destruction of property.
SECTION 2. Effective date: September 1, 1999.
Makes application of this Act prospective.
SECTION 3. Emergency clause.